Express certainty

Question 1

What are the 3 terms that need to be clear to satisfy an express trust?

Answer 1

Express trusts
- Must be both correctly declared and constituted by the settlor.

Following issues must be proper:

• Trust is certain, or clear, in terms of:
  1) a settlor evidencing a clear intention to set up the trust;
  2) a subject matter (or property) this is to be places trust can be said to be clear and the proportions in which the beneficiaries are to enjoy the property are equally clear;
  3) who is to enjoy the property